By Alex Hoffman, 3L
On Tuesday, March 23, Pres. Barack Obama signed the Health Care Reform bill into law after the House of Representatives passed the Senate’s version of the bill the previous Sunday in an eleventh-hour vote of 219-212. The vote was largely down party lines with 219 House Democrats voting in favor of the bill and House Republicans and 34 Democrats voting against it. Upon the bill’s passage in the House, after a hard fought battle lasting half a year, Obama declared, “We proved that this government, a government of the people and by the people, still works for the people.”
Despite the victory for the president and the Democratic Congress, congressional Republicans and the majority of the population are not celebrating. A CNN/Opinion Research poll released March 22 shows that 39 percent of voters approve of the Health Care Reform bill, with 59 percent who disapprove. Up until the bill’s passage, there has been a notable decline in support, and it has taken a toll on the approval ratings for both Obama and Congress. The same CNN/Opinion Research poll shows Obama with 46 percent approval rating, compared to 51 percent who disapprove. Congress’s numbers have typically been much lower than a sitting president’s approval, but a CBS News poll released March 22 finds that 14 percent of voters approve of job Congress is doing, with a whopping 76 percent who disapprove.
The legislation would seek to cover approximately 32 million Americans who lack any form of health insurance, in addition to barring insurance companies from rejecting patients who have pre-existing medical conditions. This portion of the bill would go into effect in six months. The bill also includes a mandate, requiring all individuals to own some form of health insurance, or else pay a fine. Employers with 50 or more employees also are mandated to provide insurance for their workers or face a fine of up to $3,000 for each uninsured individual. These provisions won’t take effect until 2014. By 2016, the penalty for those who do not purchase health insurance will be 2.5 percent of taxable income or $695, whichever is greater. Small businesses will be given subsidies to help pay for their employees’ health insurance. The total cost of the bill is approximately $1.1 trillion over 10 years and is expected to be funded by new taxes on individuals earning more than $200,000 a year as well as couples earning more than $250,000 a year, taxes on the sale of medical devices, annual fees on pharmaceutical companies, annual fees by the insurance industry, all in addition to insurance premiums and taxes on individual and family health plans.
Just days after the bill’s passage in the House, the legislation has been challenged on multiple fronts from a political, a legislative and a constitutional standpoint. Republican campaign groups have been airing ads attacking health care reform, using slogans such as “Stop the .” Many Republican Congressional candidates for the 2010 midterm elections have promised to work to repeal the bill. Despite Obama signing the bill into law, the Senate still has to pass a 150-page addendum to the legislation, which includes “fixes” to the bill, giving Senate Republicans an opportunity to modify the reform in their favor. A total of 13 states have filed a lawsuit challenging the constitutionality of the legislation, alleging the health care reform violates Article I of the U.S. Constitution, as well as the 10th Amendment. States that are party to the lawsuit include Texas, Florida, Alabama, Colorado, Idaho, Louisiana, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Utah and Washington.
Political analysts are mixed as to the legislation’s political impact on the midterm elections. Tom Jensen of Public Policy Polling told Reuters that the passage of health care reform will likely hurt the Democrats, stating, “A lot of voters simply believe that the president and Congress should have been more focused the past year on the economy.” While many Republicans are arguing the bill’s passage will create a backlash against the Democrats in November, some pundits on the right argue the opposite. David Frum, former speechwriter for former Pres. George W. Bush, posted a critique on his website FrumForum, on the Republican Party’s refusal to compromise, calling the bill the Republicans’ Waterloo.
Obama and Congressional Democrats hope the health care reform will gain public support once enacted and have continued to liken the overhaul to other more popular social welfare programs. Following the passage of the health care bill in the House of Representatives, House Speaker Nancy Pelosi proclaimed to House members, “You will be joining those who established Medicare and Social Security and now, tonight, health care for all Americans.” While the health care reform stands as a legislative victory for Obama and the Democratic Congress, the fate of the new entitlement program has yet to be sealed due to the numerous challenges to the legislation.






